June 10, 2026
Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To impose mandatory minimum sentences for conspiracy to smuggle biological agents into the United States and for making false statements to Federal agents in connection with such smuggling, and for other purposes.
Section 1. Short title
This Act may be cited as the Biosecurity Smuggling Deterrence Act of 2026
.
Sec. 2. Mandatory minimum sentences for certain offenses involving biological agents
(a) Conspiracy to smuggle biological agents
Section 371 of title 18, United States Code, is amended—
(1)
in the first undesignated paragraph, by striking If two
and inserting the following:
(a) In general
Except as otherwise provided in this section, if two;
(2)
in the second undesignated paragraph, by striking If, however,
and inserting the following:
(b) Misdemeanor offense
If; and
(3)
by adding at the end the following:
(c) Mandatory minimum for biological agent smuggling
Notwithstanding any other provision of this section or any other law, if the offense, the commission of which is the object of the conspiracy, involves the smuggling into the United States, or the attempted smuggling into the United States, of a biological agent or toxin (as defined in section 178), the persons convicted shall be sentenced to a term of imprisonment of not less than 20 years.
(b) False statements in connection with biological agent smuggling
Section 1001 of title 18, United States Code, is amended by adding at the end the following:
(d) Mandatory minimum for statements involving biological agents
Notwithstanding any other provision of this section, if the matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States to which the false statement, concealment, or false writing or document relates involves the smuggling, importation, declaration, permit application, or any other Federal authorization regarding a biological agent or toxin (as defined in section 178), the person convicted shall be sentenced to a term of imprisonment of not less than 5 years.
(c) Smuggling of biological agents
Section 545 of title 18, United States Code, is amended—
(1)
in the first undesignated paragraph, by inserting (a) In general.—
before Whoever knowingly and willfully
;
(2)
in the third undesignated paragraph, by striking the period at the end of the sentence and inserting , unless the offense involves the smuggling or attempted smuggling of biological agents under subsection (e).
;
(3)
in the fourth undesignated paragraph—
(A)
by inserting (b) Evidence sufficient for conviction.—
before Proof of defendant's possession
; and
(B)
by striking the first or second paragraph of this section
and inserting subsection (a)
;
(4)
in the fifth undesignated paragraph, by inserting (c) Forfeiture.—
before Merchandise introduced
;
(5)
in the sixth undesignated paragraph, by inserting (d) Definition of United States.—
before The term
; andUnited States
(6)
by adding at the end the following:
(e) Mandatory minimum for biological agent smuggling
Notwithstanding any other provision of this section or any other law, if the offense involves the smuggling into the United States, or the attempted smuggling into the United States, of a biological agent or toxin (as defined in section 178), the person convicted shall be sentenced to a term of imprisonment of not less than 20 years.
Sec. 3. Effective date
The amendments made by this Act shall apply to any offense committed on or after the date of enactment of this Act.